Is it Exempt from Classification
- Why are some films and computer games exempt from classification?
- Types of films and computer games that are exempt
- Are there any limits to the exemption rules?
- What do I have to do to get an exemption?
- What if I don't agree with the Classification Board's decision?
- How to mark an exempt film or computer game?
- Need more help?
Why are some films and computer games exempt from classification?
Films and computer games that are self-assessed as exempt under section 5B of the Classification (Publications, Films and Computer Games) Act 1995 are typically distributed to a specialised market sector and in relatively small numbers. Exempting these films and computer games from classification removes the need to pay a classification fee, encouraging product diversity and the continued availability of films and computer games with limited market appeal in Australia.
Types of films and computer games that are exempt
Some films and computer games are exempt from classification if their content can be accommodated under any of the descriptions in the exempt films / exempt computer games tables. These tables are found within section 5B of the Classification (Publications, Films and Computer Games) Act 1995 and are listed below.
Films or games can only be exempt from classification under section 5B if they strictly meet the descriptions listed in the Act.
For example, a film "wholly comprising a musical presentation" cannot contain interviews with band members, back-stage footage, or any other non-musical footage, as this no longer "wholly comprises" a musical performance. Similarly, a film "wholly comprising a documentary record of a live artistic performance" cannot include other footage not directly related to the live artistic performance. Any such additions mean that the film no longer fits into these categories and cannot be an exempt film. Distributors of music-based films should carefully examine the content of their products to make sure that they do not go past the limitations of section 5B.
| Item | Type | Description |
|---|---|---|
| 1 | Business | A film of a promotional, technical or similar nature for use in the course of a business or trade |
| 2 | Accounting | A film for use in the keeping or verification of accounts |
| 3 | Professional | A film of a promotional, technical or similar nature for use in the course of a profession |
| 4 | Scientific | A film for use pursuant to a branch of knowledge conducted on objective principles involving the systemised observation of, and experiment with, phenomena |
| 5 | Educational | A film whose main purpose is for training, instruction or reference, as a manual, a lesson, an encyclopaedia or a guide |
| 6 | Current affairs | A film wholly comprising news reports or information about, or analysis of, current issues or events of public interest or importance |
| 7 | Hobbyist | A film wholly comprising a documentary record of a hobby or activity |
| 8 | Sporting | A film wholly comprising a documentary record of a sporting event |
| 9 | Family | A film wholly comprising a documentary record of a family event or activity |
| 10 | Live performance | A film wholly comprising a documentary record of a live artistic performance or that is used within such a performance |
| 11 | Musical presentation | A film wholly comprising a musical presentation |
| 12 | Religious | A film wholly comprising a documentary record of a religious event or activity |
| 13 | Community or cultural | A film wholly comprising a documentary record of a community or cultural activity or event |
| Item | Type | Description |
|---|---|---|
| 1 | Business | Software for use in the course of a business or trade |
| 2 | Accounting | Software for use in the keeping or verification of accounts |
| 3 | Professional | Software for use in the course of a profession |
| 4 | Scientific | Software for use pursuant to a branch of knowledge conducted on objective principles involving the systemised observation of, and experiment with, phenomena |
| 5 | Educational | Software whose main purpose is for training, instruction or reference, as a manual, a lesson, an encyclopaedia or a guide |
Are there any limits to the exemption rules?
Yes – certain content can automatically exclude a film or game from being considered exempt from classification, even if it fits into one or more categories in the exempt films/games tables above. A film or computer game is not exempt from classification if it contains elements that would cause it to be classified M or higher.
The Guidelines for the Classification of Films and Computer Games describe the classifiable elements of films and games. You should carefully consider the content of the film or computer game in terms of the levels of violence, sex, nudity, coarse language, drug use and the types of themes portrayed, with reference to these Guidelines. Films or computer games with content equivalent to the descriptions in the Guidelines for an M classification, or higher, must be classified.
Exempt films or computer games cannot contain advertisements for unclassified films or computer games, or any advertisements for films or computer games classified M or higher. In these cases the film or computer game must be classified.
What do I have to do to get an exemption?
There are two ways to get an exemption for a film or game:
- You may self-assess your film or computer game against section 5B of the Classification (Publications, Films and Computer Games) Act 1995 and the Guidelines. This process is carried out at your own risk. The Classification Board does not give formal advice on self-assessments, although guidance may be sought from the Classification Exemptions Officer. If you are still unsure, submit your product for classification or seek legal advice. Your product must fit the exemption criteria exactly, and products incorrectly assessed as exempt may need to be submitted for classification at your cost. You will find information on how to mark an exempt product below.
- You may apply to the Classification Board using the correct application form. For a film, the cost is based on the running time of the film or the extra material that has not been previously classified, in the same way as fees for Film – Not for Public Exhibition applications are calculated. For a computer game, the cost depends on the level of information or demonstration provided, like a standard Computer Game application.
Please note that if a film or game is considered by the Classification Board and found not to be exempt under Section 5B of the Classification Act, or if it is found to contain material which attracts a classification of M or higher, it will be given an appropriate classification by the Board and that classification must apply to the film or game.
It is essential that you submit the correct documentation, materials and classification fee with any application for a certificate of exemption. If you do not supply all the correct information your application may be delayed.
What if I don't agree with the Classification Board's decision?
You can ask a Classification Applications Officer for a copy of reasons for the Classification Board's decision. You can also apply to the Classification Review Board for a review. The Classification Review Board is an independent review body. There is further information available about the Classification Review Board and how to apply for a review of a decision, including the schedule of fees for a review.
How to mark an exempt film or computer game?
If you have self assessed your film or computer game against section 5B of the Act you are not allowed to use the exempt determined markings. You can mark self assessed exempt films and computer games by clearly displaying the message "this film/computer game is exempt from classification".
Films and computer games are certified as exempt in response to an application from a distributor. It is not a mandatory requirement to apply for a certificate of exemption or to use the markings in regard to exempt films and computer games.
Exempt determined markings are only available for use by persons who have an exemption certificate issued by the Classification Board.
The Classification (Markings for Films and Computer Games) Determination 2007 specifies the markings for films and computer games that are certified as exempt from classification by the Classification Board and the manner of display of these markings.
Need more help?
If you require more information you can send an enquiry, send us an email or contact us on one of the telephone numbers below.
Exempt films and computer games
Classification Exemptions Officer
Telephone (02) 9289 7147
An application for classification of a film or computer game
Senior Applications Officer
Telephone (02) 9289 7100
A review of a classification decision
Secretary of the Classification Review Board
Telephone (02) 9289 7100